Inspector’s Report on Refusal of proposed Green Belt hotel

The Inspector’s report which led to An Bord Pleanála’s refusal of permission for the proposed hotel in the middle of the green belt is now available. The documents can be downloaded from http://www.pleanala.ie/data1/searchdetails.asp?id=477192&caseno=212977. I have also copied the text of the report below.

An Bord Pleanála

INSPECTOR’S REPORT

PL 06F 212977

(HOTEL, SPORTS & LEISURE CENTRE) DETAILS OF APPEAL

Planning Appeal Ref. No: PL 06F 212977

Planning Authority: Fingal County Council

Planning Authority Reg. Ref. No: F05A/0231

Applicant: Ballymore Residential Ltd.

Address of Appeal Site: Mayne Townland, Baldoyle. Dublin 13.

Application Type: Planning permission.

Nature of Development: Development comprising 150-bedroom hotel, sports centre, gym, outside sports arena, swimming pool and all associated ancillary site works. (Revised to 100 bedrooms by way of AI)

Nature of Appeal: One Third Party against decision to grant planning permission.

Appellants: David Healy, Robbie Kelly, Joan Maher & Peter Coyle.

Observers: None.

Inspector: Karla Mc Bride

Date of site inspection: 20 October 20051.0 INTRODUCTION1.1 Site and LocationThe appeal site is located within a predominantly rural/coastal area in north county Dublin. The site is located to the north of Donaghmede/Baldoyle and the north urban fringe; to the south of Portmarnock; to the east of the Belfast-Dublin railway line; and to the west of Baldoyle Estuary. It is located on the north side of Mayne Road, a narrow rural road that links the Malahide Road to Sutton Strand Road. There is a detached dwelling to the west at Mayne Lodge with out-buildings to the rear/north and a travellers estate further east on the south side of Mayne Road, which is located opposite the south-east corner of the appeal site. The Mayne Marsh nature conservation area is located to the south-east of the site and a new residential development is site is located to the north-west of the site. The site and surrounding lands comprises an open agricultural landscape, which rises gently in a northern direction towards Portmarnock. Both Mayne Road and the site boundaries are defined by mature native hedgerows and trees, and there is a ditch along the southern road side boundary. Photographs in Appendix 1 serve to describe the site and location some detail.1.2 Proposed DevelopmentPlanning permission is being sought to develop a 3.75 ha site for tourism and recreational uses, with a stated total gross floor area of 12,147 sq.m. The proposal comprises the following:(a) Five-storey hotel building (One floor subsequently omitted by way of AI)• Ground floor: bars, restaurants, meeting rooms, smokers terrace, spa, beauty facility administration and offices.• First-third floors: 150 bedrooms (revised to 100 bedrooms by way of AI and omission of one floor)• Part fourth floor: glazed rooftop level restaurant and terrace.(b) Two-storey sports centre: Indoor swimming pool/sauna and steam room/gym and fitness facility/dance studio/crèche/snooker room/and 2 squash courts. (c) Outdoor sport facility: Floodlit, artificial surface, multi-use sports area 2,304 sq.m. in extent with ten 12m high light standards fitted with down light luminaries.(d) Conference facilities: and banqueting for 350 people.(e) Parking: 311 cars/ 3 bus parking bays/ cycle parking/service access.(f) Landscaping: parkland setting, walled entrance forecourt area/pools/terraced gardens/landscaping/garden pavilion/boundary treatments/removal of all existing hedgerows and vegetation.(g) Other: plant enclosures/ electricity substation/basement level swimming pool plant/keg store/underground surface water attenuation tank/ancillary site works.(h) Access arrangements: New access road leading north from Mayne Road to provide access to the western side of the proposed development; carriageway alignment and local improvements at the proposed junction on Mayne Road to accommodate a right turning lane.(i) EIS: A sub-threshold EIS was submitted with the application in line with 1999 Dev. Plan requirements for the “H” zone).1.3 Additional informationAI was received on 13/05/05 with respect to the following: a. Details including phasing, landscaping and delivery of the millennium park and open space area within the Baldoyle Action Plan lands within which the proposed development is located; details of how the proposed development will be integrated into the Millennium Park and surrounding parkland; including cycle/walkways through the site. – The applicant doesn’t own the surrounding lands and the proposal represents a self-contained integrated tourism and leisure facility although the plans have been modified to indicate how the development will integrate with adjoining lands.b. Revised plans to reduce the overall height and visual impact of the 5 storey building, which would be located within a sensitive landscape within the Green Belt with protected views from Mayne Road and Golf Links Road to the east; in order to ensure the integrity of the GB area between two urban areas and its important physical and visual relationship with the scenic Baldoyle Estuary area. Applicant requested to omit one floor, reduce the main bulk to 3-storeys and the number of bedrooms to 100, an minimise the projection of the sky restaurant to no more than 1500mm above the main flat roof. – An intermediate floor has been omitted which reduces the height and number of bedrooms.c. Revised landscaping, planting and boundary treatment plan. – Submitted.d. Demonstrate that the proposal will not impact on Baldoyle Estuary with respect to its environmental designations and surface water discharges. – Report submitted from EcoServe, which indicates that the expected discharge would not have an impact on the estuary.e. Details of proposed works to the watercourse along the boundary of the site and to minimise the extent of culverting with full engineering details of culverting where proposed. – Most of watercourse retained and details of culverted elements submitted.f. Demonstrate that proposed road works integrate fully with the realigned and upgraded Mayne Road; indicate whether the proposed access road will form part of the distributor road indicated in the Action Area Plan and to provide pedestrian and cycle priority; increase the number of coach parking places and reduce the level of surface car parking; revised car park layout; demonstrate compliance with Dev. Plan parking standards; and submit a Mobility Management Plan. – Details submitted.1.4 Planning Authority’s DecisionFollowing the receipt of AI the Planning Authority decided to grant planning permission subject to 18 conditions. Condition no.3 required the submission of full plans, details and a timescale for the completion of road infrastructure works for the approval of the Transportation Dept. before development commences.Condition no.7 required that (i) no development should take place until full details are agreed with the PA for a mechanism for the delivery of the parklands, including the Millennium Park, as approved by the Action Area Plan for Baldoyle; (ii) lands to the east of the hotel be available as playing pitches prior to the occupation of the hotel; (iii) the submission of operational details of the parkland gates to the PA for their written agreement. (No reason given)Condition no.12 required the submission of external finishes and boundary treatment for the PA’s written agreement.Condition no.15 required the submission of details of external lighting and floodlights to the multi-use games area for the PA’s written agreement.Condition no.18 required the submission of the proposed mobility management plan and a timescale for review.This decision reflects the report of the County Planning Officer. The Water and Drainage Dept. had no objection to the proposed development subject to conditions.The Roads Dept. requested AI with respect to upgrading Mayne Road.The Parks Dept. raised serious concerns with regard to the further development of the commercial elements of the Action Area Plan on these lands without any commitment to the development or delivery of the recreational and ecological components of the agreed plan. Landscape proposals too vague for development of this scale and importance.The Heritage Officer stated that the EIS did not refer to the proximity of the site to Baldoyle Estuary, which is designated as a cSAC among other designations. AI requested with regard to the impact of the proposal on the Estuary and increased surface water discharges in particular.Submissions: Two letters of objection received. The Abbey Park and District Resident’s Association raised concerns that the public park has not been delivered with Phase 1 of the development. Objective 177 sought the creation of a millennium park of at least 100 acres and the proposal should be refused PP until the Park has been developed. The second objector raised concerns about material contravention of Dev. Plan; traffic generation/poor public transport; visually obtrusive in a designated sensitive landscape; and increased risk of flooding.

1.5 Planning historyNo planning history for the site and the following cases relate to lands in the vicinity. Reg. Ref. F02A/0921 – PP granted for extensive residential development on lands covered by the Baldoyle Action Area Plan.Reg. Ref. F03A/1162 – PP granted for extensive residential development on lands covered by the Baldoyle Action Area Plan.Reg. Ref.03A/1529 – PP granted for infrastructure works to serve residential lands covered by the Baldoyle Action Area Plan.Reg. Ref. F04A/1484 – Planning application for a railway station. AI requested.Reg. Ref. F05A/0108 – Planning application for changing rooms and marketing suite on lands covered by the Baldoyle Action Area Plan. AI requested.

2.0 DEVELOPMENT PLANThe planning application was lodged with the PA on 25/02/05, assessed with respect to the provisions of the 1999 Dev. Plan and the decision was issued on 08/06/05. The 1999 Dev. Plan has since been replaced by the 2005 Dev. Plan which came into effect on 27/06/05. 1999 Fingal County Development Plan.Zoning objective: The site is located within an area zoned with the objective “H” which seeks “To provide for a Green Belt and to provide for urban and rural amenities and agriculture.” The site is also located within a designated Sensitive Landscape.• Hotels and conference centres are open for consideration in the H zone where the use is subject to the overall zoning objective and specific objectives within that zone but not permitted in sensitive landscapes.• An integrated tourism/recreational complex is acceptable in the H zone but only open for consideration in areas designated as sensitive landscape areas. • A commercial recreation building is open for consideration in the H zone where the use is subject to the overall zoning objective and specific objectives within that zone but not permitted in sensitive landscapes.• A recreational facility/sports club is acceptable in the H zone.Integrated tourism/recreational complex in GB land: Para 3.6.4 states that the provision of such a complex is open for consideration in green belt areas, which are also designated sensitive landscapes. In particular a complex must have a minimum land area of 80 ha (200ac) and may include a hotel, conference centre, fitness centre, other outdoor tourist/recreational facilities and low-density residential units. Proposals should preserve/conserve the natural amenities and heritage structures on the site and retain the open nature of the lands. (There is a conflict between Para 3.6.4 and the “H” zoning objective as to what is or is not open for consideration within GB areas, which are also designated sensitive landscapes)Specific objectives: The site is located within Area Landscape Group 12 where “any further development around the estuary will have an adverse effect on the semi-natural character of the area.” There are Protected Views along Strand Road and along Golf Links Road to the east. Other designations: Baldoyle Estuary is located to the east and south of the appeal site and the area of land stretching westwards from the estuary has been designated as a candidate SAC, SPA, Statutory Nature Reserve and proposed NHA. The site is also located within the Airport Noise Zone.Local objectives: Local objectives 142, 152,155 and 177 were incorporated into the Baldoyle Action Area Plan.Baldoyle & Portmarnock Action Area Plan

The relevant aspects of this Plan, which was adopted on 05/11/01 are set out below:

• Para 9 requires the preparation of a detailed Master Plan for any development proposals in the Green Belt and an EIS for any related planning applications in the H or G zones.

• Para. 6 states, with respect to the green belt, that this zone represents the single largest open space and recreational zone in the Action Area and will form the core of the Millennium Park.

• Local objective 142 states that Baldoyle Estuary and Portmarnock will be jointly considered for designation as a SAAO.

• Local objective 152 states that only development relating to recreational facilities will be permitted in the H zone between Portmarnock and Baldoyle.

• Local objective 155 provides for an integrated tourism recreational complex within the parkland in appropriate areas in the vicinity of the appeal site (IT) and to the south of the appeal site in the vicinity of Stapolin which would also include a retirement home.

• Local objective 177 provides for the creation of a 100-acre millennium park with 22 acres of playing pitches; cycle/walkways; golf course and parkland within the 250/270 acres of open space.

• Provision of a local N/S distributor road and rail station to the west of the site.

Master Plan

The Master Plan included the provision of an integrated tourism complex in the vicinity of the appeal site.

2005 Fingal County Development PlanZoning objective: The site is located within an area zoned with the objective “OS” which seeks “To preserve and provide for open space and recreational amenities.” The site is also located within a designated Sensitive Landscape. • The “OS” zoning objective seeks to provide recreational and amenity resources for urban and rural populations subject to strict development controls. • Only community facilities and other recreational uses will be considered and encouraged by the PA and recreational facilities /sports clubs are permitted in principle.• A wide range of uses are not permitted which include a B&B, public house, residential care home, residential institution, hospital. childcare facility, night club and holiday homes. • Hotels are not specifically listed as not permitted in the “OS” zone, however, Policy GBP15 seeks to encourage hotel development in suitable parts of the County and Objective GBO33 states that Local Area Plans should “designate specific key locations throughout the County especially in urban areas for the development of hotel use.”Integrated tourism/recreational complexes: No criteria listed.Surrounding zones: The lands to the south-east are zoned as Green Belt and a parcel of land to the north-west is zoned “RS1” which seeks “To provide for new residential communities in accordance with approved local area plans and subject to the provision of the necessary social and physical infrastructure.”Specific local objectives: The site is located within an area covered by several local objectives:• In close proximity to Baldoyle Estuary Area Landscape Group 12 –where “any further development around the estuary will have an adverse effect on the semi-natural character of the area.” • Protected Views along Strand Road and along Golf links road to the east. • Objective 284 stipulates that only development relating to recreational activities to be permitted in the Open Space zoning between Portmarnock and Baldoyle.• Objective 318 provides for integrated tourism/recreational complex, public park, and retirement home in the vicinity of the former Baldoyle race course lands.

Local objectives for Baldoyle: The following objectives are of relevance:

• OB1: To secure the implementation of the Portmarnock/Baldoyle Action Area including the provision of a major public park and a new rail station.

• OB2: To ensure the viability of the visual break between Baldoyle and Portmarnock urban areas by locating outdoor sport and recreation opportunities within the intervening area.

• OB7: Within the 250/270 acres of open space to provide for:(a) A millennium park of at least 100 acres with 22 acres of playing pitches, natural areas to ensure conservation, cycle/walkways towards Portmarnock, landscape walkways suitable for wheelchairs with benches called after jumps/fences of the old racecourse and dry land for pitches, the public park to be provided in phase 1 of the development, (b) golf course and (c) parkland.Natural heritage designations: Baldoyle Estuary is located to the east of the appeal site and Mayne Marsh conservation area ids located to the south. The surrounding area of land stretching westwards from the estuary has been designated as a candidate SAC, SPA, Statutory Nature Reserve, Ramsar site and proposed NHA. • Objective HO31: requires an appropriate environmental assessment in respect of any proposed development likely to have an impact on a designated or proposed natural heritage site.• Policy HP36: seeks to ensure that proposed developments along the coast are sited and designed appropriately having regard to the visual impact on the visual compartment(s) within which they are located.• Objective HO41: seeks to consider Baldoyle jointly with Portmarnock for a Special Amenity Area OrderOther designations: The site is also located within the outer airport noise zone.

3.0 APPEAL3.1 Summary There is one appeal in relation to this application, which is a Third Party appeal against the decision of the County Council to grant planning permission. The appeal has been lodged by Fingal County Councillors David Healy, Robbie Kelly, Joan Maher and Peter Coyle who raise the following issues.Zoning:• Material contravention of the current 2005 Dev. Plan. The site was zoned as green belt in the 1999 Dev. Plan and now as open space in the 2005 Plan. The proposal does not comply with either zoning objective.• Local objectives 155 (1999 Plan) and 294 (2005 Plan) seek to provide for an integrated tourism/recreational complex, public park and retirement home on the site of the former Baldoyle racecourse at the very south east of the parkland/green belt.• The proposed development is not an integrated tourism/recreational complex it is a large hotel with swimming pool and tennis courts on a small site. It does not met the criteria for an integrated tourism/recreational complex as set out in 3.6.4 of the 1999 Dev. Plan, which are not replicated in the 2005 Dev. Plan.• Both the 1999 and 2005 Dev Plans state that only development relating to recreational activities to be permitted in the OS zoning between Portmarnock and Baldoyle.Inconsistent with Baldoyle Portmarnock Action Area plan:• The Baldoyle and Portmarnock Action Area Plan and Master Plan provide for a small scale integrated tourism/recreational complex in the vicinity of the appeal site and further south in at Baldoyle racecourse. • The Planner’s report raised concerns that the proposed facility would not integrate with the surrounding landscape, its proposed uses within the Action Plan and the delivery of a millennium park and requested AI in this regard. The applicant replied that they had no control over the parkland, which is outside their ownership.• The Parks Dept raised serious concerns that the current proposal cannot be assessed in isolation and must be considered in the context of the surrounding parkland and the provisions of the agreed Action Plan. The PA’s condition which requires that no development could take place until agreement is reached on the delivery of the millennium park is unsatisfactory and the hotel proposal will predetermine the design options for the park.Lack of public transport: • Material contravention of Dev. Plan as the appeal site not served by public transport or adjacent to developed areas and 40% of traffic to the hotel will not be by modes other than cars.Designated sensitive landscape:• Material contravention of SL designation and policy HP34 which seeks to “To protect sensitive landscapes from inappropriate development and to reinforce their character, distinctiveness and sense of place.”• The height reduction sought by way of AI is inadequate and the proposed development would destroy the visual break between Baldoyle and Portmarnock.Cycle facility:• Proposed cycle tracks are in breach of the DoE/DTO Manual “Provision of cycle facilities national manual for urban areas.”3.2 First Party response submissions.The First Party, in a letter received by An Bord Pleanála on 25/07/05 stated the following in relation to the Third Party appeal. The response was lodged by Simon Clear & Associates, Planning & Development Consultants on behalf of the First Party. • The source of the Action Area plan is found in the 1999 Fingal Dev. Plan, the Action Plan was approved by the Council, and the provision for its continued implementation are to be found in the specific local objectives of the 2005 Fingal Dev. Plan. Master Plans are designed to be indicative, flexible, renewable and not specific.• Significant progress in the surrounding area with respect to residential and infrastructure development.• The provision of a integrated tourism and recreational complex has no negative implications for the parklands identified in the Action Plan and Master Plan, it is exclusive of, but located within the parkland.• The Action Plan proposes a new distributor road, DART station, enhanced bus service and cycle/footpaths in the vicinity. Co. CO. granted PP in July 2005 for a new rail station 515m north of Grange Road.• The visual impact of the proposed buildings within a sensitive landscape was fully assessed in the EIS and the hotel would be located at the lowest level.• Cycle facilities designed to appropriate standards.3.3 County Council Response submissionsThe County Council Planning Department, in a letter received by An Bord Pleanála on 04/08/05 stated the following with respect to the Third Party appeal. • Proposal complies with the objectives set out in the Action Area Plan. While the area is zoned for open space, there is a specific objective in the AAP and the Master Plan for a tourist complex in the location proposed.• The proposed hotel, bowling, swimming/gym and all weather pitches are appropriate for tourism and recreational uses.• The scale and height of the hotel was reduced by way of AI to further increase its integration into the Green Belt Area.• The Master Plan referred to is the Stapolin Village Master Plan, which was part of the original application for Phase 1 of the Baldoyle Action Plan lands as required by the Action Plan. The layout of the development permitted to date on the Action Plan lands conform to the Master Plan.• The issue of integration with the Millennium Park is addressed by condition no.7. The applicant has sufficient legal interest in these lands to deliver the requirements under condition no.7.• The area forms part of the North Fringe Area of Fingal and Dublin City Council where it is proposed to build 16,000 new homes. The Council’s are jointly involved in the planned improvement to the road and public transport facilities in the area, which will be served by increasing levels of public transport including new bus services and DART stations at Portmarnock and Baldoyle.• The height, mass and sale of the proposal will not be unduly obtrusive in this setting having regard to the planning objectives.3.4 Observers. None 4.0 REVIEW OF ISSUES AND ASSESSMENT The main issues arising in this case are compatibility with 1999 and 2005 Development Plan policies/Action Plan objectives; sensitive landscape/natural heritage/EIS/visual impact; traffic/access/car parking; wastewater treatment/Baldoyle Estuary and Millennium Park.4.1 Development Plan policies/Action Plan objectives.The First Party is seeking PP to construct a hotel complex with a swimming pool, childcare facility, and indoor/out door recreational facilities on a site which is located within a large area of open space, which extends northwards from Baldolye to Portmarnock, eastwards to Baldoyle estuary and westwards through Kinsealy to the M1 motorway. 1999 Fingal County Development Plan.The proposed development would be located within an area zoned with the objective “H” in the 1999 Dev. Plan, which seeks “To provide for a Green Belt and to provide for urban and rural amenities and agriculture.” The site is also located within a designated Sensitive Landscape. Although not normally permitted, hotels and commercial recreational buildings are open for consideration in the “H” zone however they are not permitted within areas which are also designated Sensitive Landscapes. However Para 3.6.4 of the Dev. Plan states that an integrated tourism/recreational complex, which may include a hotel, is open for consideration in “H” zone areas which are also designated as Sensitive Landscapes where the proposed complex must have a minimum land area of 80 ha. and where the open nature of the lands is retained. Irrespective of the conflict between the “H” zoning objective and Para 3.6.4 the proposed hotel and leisure complex on a 3.75 ha site does not comply with the zoning objective and sensitive landscape designation for the area nor the requirements set down under Para 3.6.4 and in my opinion the proposed development would materially contravene both of these provisions.

The 1999 Dev. Plan contains a number of local objectives with respect to the surrounding area of open space located between Baldoyle and Portmarnock, which were subsequently incorporated into the 2001 Baldoyle and Portmarnock Action Area Plan. In particular, Para. 6 and objective 177 states that this area represents the single largest open space and recreational zone in the Action Area and it will form the core of the Millennium Park; objective 152 states that only development relating to recreational facilities will be permitted in the “H” zone between Portmarnock and Baldoyle; objective 155 makes provision for a small scale integrated tourism recreational complex within the parkland in the vicinity of the appeal site (IT) and a larger scale complex and retirement home the south of the appeal site in the vicinity of Stapolin and the former Baldoyle race course. These objectives do not refer to the provision of an hotel in the area but to recreational and tourist uses related to the open space character of the area and the adjoining Baldoyle Estuary. In my opinion the development would materially contravene planning objectives contained in both the 1999 Dev. Plan and the 2001 Action Area Plan.

2005 Fingal County Development Plan.The proposed development would be located within a designated Sensitive Landscape and area zoned with the objective “OS” in the 2005 Dev. Plan, which seeks “To preserve and provide for open space and recreational amenities” and recreational facilities /sports clubs are permitted in principle. The Dev. Plan vision for this zone seeks to provide recreational and amenity resources subject to strict development controls and only community facilities and other recreational uses will be considered and encouraged by the PA. It should be noted that hotel complexes are not specifically listed as not permitted in the “OS” zone, however this is not an exhaustive list and like uses which are not permitted include B&Bs, public houses, residential care homes, residential institutions, hospitals, childcare facilities, night clubs and holiday homes. Furthermore, Policy GBP15 of the Dev. Plan seeks to encourage hotel development in suitable parts of the County and Objective GBO33 states that Local Area Plans should “designate specific key locations throughout the County especially in urban areas for the development of hotel use.” The proposed development, which comprises a large hotel and leisure complex, does not comply with the zoning objective, which specifically seeks “to provide for open space and recreational amenities”, and in my opinion the proposed development would materially contravene the “OS” zoning objective for the area. The 2005 Dev. Plan does not contain any specific objectives for the appeal site although it does contains a number of overall objectives for the large area of open space located between Baldoyle and Portmarnock, including the former Baldoyle race course. In particular objective 284 stipulates that only development relating to recreational activities shall be permitted in the “OS” zone between Portmarnock and Baldoyle; objective 318 provides for integrated tourism/recreational complex, public park, and retirement home in the vicinity of the former Baldoyle race course lands; BALDOYLE 1 seeks to secure the implementation of the Portmarnock/Baldoyle Action Area Plan, including the provision of a major public park and a new rail station; BALDOYLE 2 seeks to ensure the viability of the visual break between Baldoyle and Portmarnock urban areas by locating outdoor sport and recreation opportunities within the intervening area; and within the 250/270 acre area BALDOYLE 7 seeks the creation of a 100 acre millennium park and the provision of playing pitches, nature conservation areas, cycle/walkways, landscaped areas, golf course and parkland. These objectives do not refer to the provision of a hotel in the area but to recreational and tourist uses related to the open space character of the area and the adjoining Baldoyle Estuary. In my opinion the development would materially contravene planning objectives contained in both the 2005 Dev. Plan and the 2001 Action Area Plan.4.2 Sensitive landscape/natural heritage/EIS/visual impactThe proposed development would be located within a large area of open space and a designated Sensitive Landscape in close proximity to Baldoyle Estuary. The lands to the east and south of the appeal site, and the surrounding area of land stretching westwards from the estuary has been designated as a candidate SAC, SPA, Statutory Nature Reserve, Ramsar site and proposed NHA. Objective HO41 of the 2005 Dev. Plan seeks to consider Baldoyle jointly with Portmarnock for a Special Amenity Area Order.

Para 9 of the 2001 Action Area Plan requires the submission of an EIS for planning applications related the 1999 “H” zone and Objective HO31 of the 2005 Dev. Plan requires an EIS for any development proposals likely to have an impact on a designated or proposed natural heritage site. An EIS has been submitted in line with the “H” zone requirements and states “Baldoyle Estuary to the east confers a strong coastal influence on the area.” and the effect on flora and fauna will be “minor due to the loss of local habitat as a result of works.” However the document fails to assess the impact of the close proximity of the proposal to the Estuary to the east and the Mayne Marsh Conservation Area to the south or to assess the contribution (if any) of the appeal site lands to the area’s migratory bird population. In my opinion this information is of importance and should have been included. The proposed “L” shaped 150 bedroom hotel building would be located in the center portion of the site with car parking to the west and outdoor passive/active recreational facilities to the north-east. The main hotel building would be approximately 72m wide, 67m deep and 4 stories high with a roof top restaurant although the height and capacity was reduced to 3 stories and 100 bedrooms by way of AI. The proposed swimming pool/leisure center would be attached to the south-east corner of the hotel building. The contemporary design and use of external materials, which comprise reconstituted concrete, terracotta panellised cladding and glazing units are considered acceptable in terms of design and layout. The proposed complex would be located within an open and exposed agricultural/coastal landscape which rises gently to the north; within a much larger area of open space/parkland which extends from Baldoyle to Portmarnock and the northern boundary with residentially zoned land; and westerly from the flat and exposed Baldoyle Estuary. The site is located within a designated sensitive landscape, Landscape Group 12 and there are Protected Views along Strand Road and along Golf Links Road to the east. Policy HP36 of the 2005 Dev. Plan seeks to ensure that “proposed developments along the coast are sited and designed appropriately having regard to the visual impact on the visual compartment(s) within which they are located.” The photomontages submitted with the EIS indicate that the proposed building would be visible from Sutton Strand Road to the south-east, Portmarnock sand spit to the east and Portmarnock Park to the north-east. Photographs in Appendix 1 describe the views from Strand Road and the park in more detail.

Notwithstanding the proximity of the residentially zoned land to the north-west of the parkland and proposed hotel complex and the location of a proposed N/S distributor road to the west of the site, in my opinion the proposed development would be visually obtrusive and out of character with the surrounding rural and coastal landscape in which it would be located. The proposed development would seriously injure the visual amenities of this sensitive landscape; it would contravene the objectives of the 2005 Dev. Plan which seek to ensure the viability of the visual break between Baldoyle and Portmarnock urban areas (Baldoyle 2) and the integration of any tourist/recreational proposals with the surrounding open space/parkland. The proposed development would be contrary to the proper planning, and sustainable development of the area. 4. 3 Millennium Park I am not satisfied with the proposed arrangements to ensure the delivery of the millennium park as the First Party does not own or exercise control over the surrounding lands. The proposed development comprises a self-contained private hotel/leisure and recreational complex, which would not integrate with the surrounding open space/parkland to provide for public/community based facilities, which is specific requirement of both the Dev. Plan “OS” zoning objective and the Action Area Plan objectives.4.4 Traffic/access/car parkingThe proposed vehicular access would be off Mayne Road and it would be located in the south-east corner of the appeal site and to the west of the proposed N/S distributor road and proposed rail station. The First Party has proposed road and junction improvements, which meet with the satisfaction of the Co. Co.’s Roads Engineer subject to conditions. The Third Party has raised concerns with respect to the accessibility of the proposed hotel complex by pedestrians and public transport and that the proposed development is premature pending the construction of the rail station, distributor road and implementation of bus network improvements. I would concur with these concerns and having regard to the rural location of the proposed development, in my opinion the preferred means of access would be by private car along a narrow road without footpaths where operational speeds are high. However, the proposed development would provide an acceptable level of car and coach parking although I would have concerns about the proposed cycle/footpaths, which do not fully integrate the site with its open space surroundings. 4.5 Wastewater treatment/Baldoyle Estuary.The proposed wastewater treatment proposals are acceptable subject to PA conditions, the completed upgrade of the Baldoyle pumping station, protection of the estuary and compliance with the requirements of the Eastern Regional Fisheries Board with respect to protection the salmonid status of the watercourses in the area.

5.0 RECOMMENDATIONArising from my assessment of the appeal case I recommend that planning permission should be refused for the proposed development for the reasons and considerations set down below.

REASONS AND CONSIDERATIONS

1. The proposed development would be located within an area covered by the zoning objective “OS” in the current Dev. Plan, which seeks, “To preserve and provide for open space and recreational amenities” which is considered reasonable and where only community facilities and other recreational uses will be considered and encouraged by the PA. The proposed hotel and leisure complex would contravene the zoning objective for the area and would, therefore, be contrary to the proper planning, and sustainable development of the area.

2. The proposed development, which would be located in an open and exposed area, which is a designated Sensitive Landscape in the current Dev. Plan, located in close proximity to a candidate SAC, SPA, SNR and proposed NHA, would be visually obtrusive and out of character with the surrounding rural and coastal landscape. The proposed development would seriously injure the visual amenities of this sensitive landscape and it would contravene the objectives of the Dev. Plan, which seek to ensure the viability of the visual break between Baldoyle and Portmarnock urban areas. The proposed development would, therefore, be contrary to the proper planning, and sustainable development of the area.